Lawsuit threatened over lake access

By Lachlan Labere MARKET NEWS Staff Sep 29 2006 http://www.saobserver.net/
Opening up public access trails to waterfront in the North Shuswap may result in a number of lawsuits for the Columbia Shuswap Regional District. Though a road by name, Bowering Road appears nothing of the sort. Situated off Beatrice Road, Bowering is actually a small lot owned by the Ministry of Transportation, overgrown with trees and tall grasses, situated snugly between two waterfront residences. In 2005 the owners of one of those residences petitioned the CSRD to cancel an existing road allowance on the road and consolidate the former road with their properties. But the regional district has identified the lot as being suitable to incorporate into its Electoral Area F Parks Plan. The goal, according to Area F parks commission chair Rob LaBelle, is to open the lot as public access to the beach. "Park is a bit of a misnomer because people have ideas of parks with picnic tables and benches and signs," said LaBelle. "We don't put signage up on these road allowances. There's just a canoe symbol put up top to let locals know this is a public access, which is what people want. They want it signed, they want it marked and they want a trail down to the lake." That is not, however, what the residents adjacent to Bowering want. According to resident Reinhard Burke, the CSRD initially failed to notify him of its plan for Bowering and, because of this, the initial petition he co-signed with neighbour William Hlina was again before the CSRD board for reconsideration at the regular meeting of Sept. 21. Standing before the board, Burke first noted that he is a lawyer with experience in municipal law. He then stated his objections, arguing the right of adjacent landowners to recover the land "supersedes the rights of the CSRD to acquire title and convert the land to parks." He also emphasized the potential operating costs associated with Bowering and similar parks, which would include the "legal costs in the dozen disputes between adjacent owners and the CSRD as to who has priority as to title." Burke suggested the CSRD explore other venues to open up waterfront access than making Bowering a public park. "I think there's a huge difference between one neighbour on the waterfront giving, or agreeing to a right of way for an owner who's not on the water to gain access - so they can control the right of way - than throwing everything open to the public," Burke explained after his presentation. "You're going to have your teenage kids come out on weekends with a pack of beer and sit out on the beach. Wherever they can find access to the beach, that's what's going to happen." After Burke's submissions, the board voted to continue the process of making Bowering a park. But Area F Director Denis Delisle said he did not take Burke's comments lightly. Yet he maintained opening up Bowering and other such access points is what the majority of area residents want. The problem is letting people know they're there and safe to use. "What he failed to mention, is that he is encroaching on this site," added LaBelle with regard to Burke. "He has a trailer parked there which looks like a permanent structure. He's got a porch wrapped around it. There's a lot of garbage and debris."You wouldn't know it's a public road if you walked by it because it's been disguised to look like private property. To say that nobody uses it is like saying you can't go down there because you didn't see the trail. Well there's no trail because it's been made to appear as if it's private property. This is a tactic that's been used by a lot of land owners in the North Shuswap. They kind of take over part or all of the road allowance." Burke said he already has several property owners in similar situations lined up at his door, asking that he take on their case against the CSRD. "There's going to be lots of us, dozens of lawsuits," said Burke. "And the cost of that alone will be two- to three-hundred grand. That's the direction that we're going." Delisle recognized the CSRD may be in for a legal fight, but he thinks the majority of Shuswap residents want more public access like Bowering. "I think if Bowering Road won, it will start to be used," said Delisle. "It's been unanimous to me. Mr. Reinhard is the only one that I've heard that doesn't want this access."